Flashcards

Unjustified enrichment

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Definitions for 'enrichment' and 'unjustified'.

Enrichment: the situation that occurs when one person's estate is increased unjustifiably (but not unjustly) at the expense of another. Unjustified: term used to indicate that the enrichment occurred without justification for such, or without any legal basis.

What are the 4 general requirements for unjustified enrichment?

1. The plaintiff must have been impoverished. 2. The defendant must have been enriched. 3. The enrichment must have been without legal cause. 4. Causality - the enrichment must have been at the expense of the impoverished party.

Condictiones sine causa

A personal action for the restitution of something, having been no cause for the transfer in the first place. Personal actions (types of condictiones sine causa): condictio indebiti, condictio ob turpem vel iniustam causam, condictio causa data causa non secuta & condictio sine causa specialis.

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